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Medical Malpractice Lawsuits

A medical malpractice lawsuit can be a time-consuming and costly procedure. It takes many hours for an attorney to carefully review your case and conduct an investigation.

You must demonstrate that the doctor did not provide the proper standard of care in order to file a claim for medical malpractice. This is accomplished by proving that another health care provider could have behaved in a different manner.

What Is Medical Malpractice?

A medical malpractice lawsuit is the claim that a medical care professional violated his or her legal duty to a patient and this breach caused injury. Legal actions claiming medical malpractice are filed in state trial courts. Each state has its own set of rules regarding the specific actions that might constitute malpractice.

Doctors who practice in the United States must carry medical malpractice insurance, and these policies typically cover the cost of a defense against claims of medical negligence filed by patients or their families. If a patient feels that the doctor acted negligently and has a claim, the patient should promptly consult an experienced lawyer for assistance in making a claim within the timeframes in the state of residence.

The legal concept of medical malpractice is based on ancient law and is part of the tort law system which relates to professional negligence. As with other tort claims, a plaintiff in a medical malpractice case must prove four fundamental elements in order to recover damages. They must prove the existence of an obligation of care on the part of the physician; the deviation from the norm by the defendant; there is a causal connection between the breach and injury to the patient; and the existence of injuries that can be measured in terms of damages that could be used to seek the plaintiff with redress.

Expert testimony is often required along with medical records to prove that a healthcare professional has strayed from the accepted procedures when treating the patient. Experts can testify as to the level of knowledge and abilities that are expected of health professionals within a particular field of treatment. They can also discuss how a doctor's deviation from these standards may harm the patient.

Medical Malpractice is the Cause

Medical malpractice is when a hospital, doctor or other healthcare professional violates the accepted standards of healthcare and you are injured or your condition gets worse. Medical malpractice can be the result of a mistaken diagnosis, surgical errors, failure to treat a diagnosed illness or disease or medication error, as well as other actions or omissions that fall short of your standard of care.

A misdiagnosis is among the most common reasons why medical malpractice claims are filed. A misdiagnosis could be as simple as a physician not recognizing signs of heart attacks or as serious as waiting too long to detect cancer or any other disease or illness.

Other forms of medical malpractice are surgical errors, such as leaving a sponge inside you or cutting a nerve during surgery that can cause permanent and disfiguring injuries, or even death. Medical errors, such as giving the wrong dosage of a medication or avoiding any medication that is vital to your health are also common.

Birth injuries can be considered medical malpractice if they're caused by a doctor, nurse or midwife during pregnancy, birth or labor. These injuries may range from a small bruise to a severe brain injury, paralysis or even death. These injuries are preventable and a medical malpractice suit may help make your doctor accountable for their actions.

Medical Malpractice Results in Damages

In medical malpractice cases the victim could be awarded damages to cover the costs associated with their injuries. This could include things such as lost income as well as medical expenses. Victims are also often compensated non-economic damages, such as discomfort and pain. The amount of damages that a victim can receive is determined by their legal team.

Many states have laws that define the amount of damages that a plaintiff can assert in a medical negligence case. The rules vary state-to-state however, in general they consider several factors, including any other sources of compensation (like insurance) that a patient has received. Furthermore, certain states have caps on damages.

The legal process for filing a lawsuit starts with the submission of written documents that are filed with the court and served on the defendant doctor. These documents are known as "pleadings," and they provide the allegations of wrongs committed by the physician.

After the pleadings have been filed, the parties schedule the deposition. A deposition is a meeting where the witness will be given questions under the oath. The testimony is recorded and can be used in court.

While medical malpractice cases can be extremely complex, the legal system is designed to provide a way for injured patients to seek justice. Even if a case wins, it can be emotionally draining for the patient and their families.

Medical Malpractice Lawyers

If you believe that you have been injured due to the negligence of a doctor, you should seek the help of a medical malpractice lawyer immediately. Josh Silber has extensive experience with this type of legal matter and has a demonstrated track record of success getting his clients the compensation they deserve.

A medical malpractice suit is extremely complicated and requires a lot of time and resources to pursue, including hours of attorney and physician time examining records, chatting with experts, and analyzing the medical and legal literature. The case must also be filed within the statute of limitations, which is two and a quarter years under New York law.

The first step in a medical negligence case is to determine whether the doctor had the duty of care and breached the duty of care. This is usually performed by medical experts who review the facts of the case to determine whether there was malpractice.

The next step is to determine the amount of damages that you are legally liable for. This could be a combination of economic and non-economic damages. Economic damages are those that can be easily quantified, such as medical bills and other expenses associated with your injuries. Non-economic damages include pain and suffering as well as emotional or mental distress and loss of enjoyment of your life.